Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB323 by Nelson (Relating to prohibiting female genital mutilation; imposing a penalty.), As Introduced
The bill would amend the Health and Safety Code as it relates to the prohibition of female genital mutilation. Under the provisions of the bill, the prohibition against female genital mutilation would be expanded to include knowingly transporting or permitting the transport of someone younger than 18 from or within Texas for the purpose of performing such acts. The bill would also establish what would not be considered a defense to prosecution.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands on the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. However, this analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for female genital mutilation under existing statute.